The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 6 million, 40 hours, and orders to complete sexual assault treatment programs) is too uneased and unreasonable.

2. It is highly likely that the Defendant would be subject to a suspended sentence of 3 years of imprisonment due to the same criminal record and, in particular, the Defendant committed the instant crime during the suspended sentence of 4 years of imprisonment.

Therefore, the prosecutor's assertion that the purpose of the previous suspended sentence should be considered and the punishment corresponding to the criminal liability should be considered is reasonable.

However, considering the fact that there are circumstances favorable to the defendant, as the court below properly stated, such as the defendant's recognition of and reflects on the crime, the defendant suffering from dementia, and the victim did not want the punishment of the defendant, and there are some circumstances to consider the background of the crime while maintaining a close relationship with the victim, it does not seem that the court below sentenced the defendant to a punishment heavier than the reasonable scope of discretion.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.